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Dominant
DominantEstates. In the civil law, this term is used to signify the estate to which a servitude or easement is due from another estate. RELATED TERMS-------------------------------------- Civil 1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. Term 1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court. Estate A right or interest in property or the property of a deceased person. Servitude Civil law. A term which indicates the subjection of one person to another person, or of a person to a thing, or of a thing to a person, or of a thing to a thing. Easement A right of passage over a neighbor's land or waterway. An easement is a type of servitude. For every easement, there is a dominant and a servient tenement. Easements are also classified as negative (which prevents the servient land owner from doing certain things) or affirmative easements (the most common, which allows the beneficiary of the easement to do certain things, such as a right-of-way). Although right-of-ways are the most common easements, there are many others such as rights to tunnel under another's land, to use a washroom, to emit smoke or fumes, to pass over with transmission towers, to access a dock and to access a well. SIMILAR TERMS-------------------------------------- Domicile The place at which a person has physical presence, which that person regards as home, and to which that person intends to return and remain even though currently residing elsewhere. The concept of domicile includes the concept of place and the concept of a settled connection with the place. A person has a settled connection with his or her domicile for legal purposes, either because that place is home or because the law has so designated that place. Dominant mind The dominant mind test permits the judge to determine whether the tug or the tow controls the towage operation and aids in determining whether the contract is "of" services (controlled by the tow) or "for" services (controlled by the tug). In this way, liabilities for loss or damage arising out of towage may be allocated. (In particular, the judge is the dominant mind.). Dominant tenement Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement. Dominion The right of the owner of a thing to use it or dispose of it at his pleasure. Dominion directum Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership. Used in feudal English land systems to describe the King's ownership of all the land, even though most of it was lent out to lords for their exclusive use and enjoyment. Dominion utile Latin: the property rights of a tenant. While not owning the property in a legal sense, the tenant, as having dominion utile, enjoys full and exclusive possession and use of the property. Dominium (United Kingdom) Ownership. Domitae Subdued, tame, not wild. PREVIOUS AND NEXT TERMS-------------------------------------- Dom-bec Dom-bec, Dome-book or Doom-book. A book in which Alfred the Great, of England, after uniting the Saxon heptarchy, collected the various customs dispersed through the kingdom, and digested them into one uniform code. Dome-book Dome-book, Doom-book or Dom-bec. A book in which Alfred the Great, of England, after uniting the Saxon heptarchy, collected the various customs dispersed through the kingdom, and digested them into one uniform code. Domesday Domesday or Domesday-book. An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, consisting of two volumes of unequal sizes, containing surveys of the lands in England. Domesday-book Domesday-book or Domesday. An ancient record made in the time of William the Conqueror, and now remaining in the English exchequer, consisting of two volumes of unequal sizes, containing surveys of the lands in England. Domicile The place at which a person has physical presence, which that person regards as home, and to which that person intends to return and remain even though currently residing elsewhere. The concept of domicile includes the concept of place and the concept of a settled connection with the place. A person has a settled connection with his or her domicile for legal purposes, either because that place is home or because the law has so designated that place. Dominant Dominant mind The dominant mind test permits the judge to determine whether the tug or the tow controls the towage operation and aids in determining whether the contract is "of" services (controlled by the tow) or "for" services (controlled by the tug). In this way, liabilities for loss or damage arising out of towage may be allocated. (In particular, the judge is the dominant mind.). Dominant tenement Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement. Dominion The right of the owner of a thing to use it or dispose of it at his pleasure. Dominion directum Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership. Used in feudal English land systems to describe the King's ownership of all the land, even though most of it was lent out to lords for their exclusive use and enjoyment. Dominion utile Latin: the property rights of a tenant. While not owning the property in a legal sense, the tenant, as having dominion utile, enjoys full and exclusive possession and use of the property. We thank you for using the Juridical Dictionary to search for Dominant. If you have a better definition for Dominant than the one presented here, please let us know by making use of the suggest a term option. This definition of Dominant may be disputed by other professionals. Our attempt is to provide easy definitions on Dominant and any other medical topic for the public at large.
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